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ARTICLE · 05 JULY 2017

Preparatory Design And Computer Program Terms Are Redefined In Draft Amendment To Turkish Law On Intellectual And Artistic Works

Inanici - Tekcan Ortakligi
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Computer programs are defined as an "artistic work" and protected under Copyright Law according to an amendment made in 1995 to Law on Intellectual and Artistic Works.

TurkeyMedia, Telecoms, IT, Entertainment
Inanici - Tekcan Law Office
Inanici - Tekcan Law Office
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Computer programs are defined as an "artistic work" and protected under Copyright Law according to an amendment made in 1995 to Law on Intellectual and Artistic Works (the "Law"). Article 2/1 of the Law states that "All forms of computer programs and their preparatory designs that will lead to a computer program at the next stage" shall be deemed as a literary and scientific work.

The draft amendment provided for a change to this 22 year-old provision and regulates computer programs as follows: "4. Any form of computer program including preparatory design work from which a computer program can result at a later stage".

The characterization of existing provision with regards to "preparatory design" caused serious discussions in doctrine and it has been emphasized that the expression of Directive 91/250/EEC on the Legal Protection of Computer Programs was mistranslated. It was further stated that in order to comply with the Directive, the term should be

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